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RESOLUTION NO. (.L/ji.:;~" I
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF I
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AND [
SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, A MUNICIPAL
CORPORATION AND JOHNSON-BYNUM, A PARTNERSHIP.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: That the City of San Bernardino execute
a Compromise and Settlement Agreement with Johnson-Bynum, a Partner-
ship, whereby each party compromises and settles each and every
claim against the other.
SECTION TWO: That the said Compromise and Settlement
Agreement referred to herein, a copy of which is attached hereto,
marked Exhibit "A", and made a part hereof as fully as though set
forth at length herein, is hereby approved,
SECTION THREE: That the Mayor of said City is hereby
authorized and directed to execute said Compromise and Settlement
Agreement on behalf of said City.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at
a/It d"f~ft'.r/
day of / ~ :j;(/(f/
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AYES: "Councilmen,"
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ABSENT 1<<"'i/(.tt<"":-,;1/(h'L~/4.Lv/__",
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~~j~f/i/~'meeting thereof, held on the
;/ , 1962, by the following vote, to wit:
NOES:
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City Clerk
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The, foregoing
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Resolution is hereby approved this
, 1962.
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Mayor of'tte 9itY,,9J S~j Bernardino
Approved as to form:
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COMPROMISE AND SETTLEMENT AGREEMENT
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. ,
3 THIS AGREEMENT, made the / /a':' day of , 1962,
.
4 between the CITY OF SAN BERNARDINO, a Muni~ herein-
5 after referred to as CITY and JOHNSON-BYNUM, a partnership, between
6 H. Norman Johnson,Jr., and Shirley Mae Bynum, hereinafter referred
7 to as JOHNSON-BYNUM.
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WIT N E SSE T H
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WHEREAS, on September l6, 1960, City as Lessee and Johnson-
Bynum as Lessor,entered into a leasehold agreement; and
WHEREAS, at the time of the execution of the said agreement
City deposited the sum of THREE THOUSAND DOLLARS ($3,000.00) with
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Johnson-Bynum, and each of them, to be applied to the last six
months rental of the property; and
WHEREAS, Paragraphs Three and Four of said agreement provided
that in the event of the cancellation thereof by City after the
giving of due notice to Johnson-Bynum, then, in that event, said
advance payment of rental was to be refunded by Johnson-Bynum to
City; and
WHEREAS, in accordance with the provisions of the above-
mentioned agreement, City cancelled the said agreement and caused
a Notice of Cancellation to be served on Johnson-Bynum on December
27, 1960; and
WHEREAS, Johnson-Bynum, and each of them, have neglected and
refused to refund the amount of THREE THOUSAND DOLLARS ($3,000.00)
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in accordance with the provisions of the said agreement; and
WHEREAS, Johnson-Bynum alleges that City, as the result of the I
termination of the leasehold agreement and for certain services
performed and implied agreements made and for other damages suffere~,
is indebted to Johnson-Bynum in the sum of EIGHTEEN THOUSAND, THREE
HUNDRED FIFTY-FIVE DOLLARS ($18,355.00) as liquidated damages; and
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WHEREAS, the parties hereto are desirous of affecting a full
settlement of all differences, claims and causes of action between
themselves, and against one another;
NOW, THEREFORE, in consideration of the mutual agreements
herein expressed, they agree as follows:
FIRST: City acknowledges full satisfaction of all demands of
whatever kind or nature which it has against Johnson-Bynum, or
either of them, and hereby agrees that it will not initiate, begin,
or prosecute any action, complaint, or proceeding of any nature
against Johnson-Bynum, or either of them, for any cause of action
or claim now existing resulting, directly or indirectly, from
said agreement.
SECOND: Johnson-Bynum, and each of them, hereby acknowledge
full satisfaction of all demands or claims of whatever kind or
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nature they may have against City and hereby agree that they will
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not initiate, begin, or prosecute any action, complaint, or pro-
ceeding of any nature against City for any cause of action or claim
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now existing.
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IN WITNESS WHERE97' ~he
~?:l day Of, '/fff
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parties hereto have set thei. r hands
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this
, 1962.
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CITY OF SAN BERNARDINO
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ATTEST:
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APPROVED AS TO FORM:
~A-M~t~/
ty Attorney
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